Citation Nr: 9832777
Decision Date: 11/04/98 Archive Date: 11/17/98
DOCKET NO. 95-33 974 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama
THE ISSUES
1. Entitlement to an increased evaluation for anxiety
neurosis, currently evaluated as 30 percent disabling.
2. Entitlement to special monthly pension by reason of being
in need of regular aid and attendance of another person or by
reason of being housebound.
REPRESENTATION
Appellant represented by: The American Legion
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Amy E. Balbach, Associate Counsel
INTRODUCTION
The veteran had active service from September 1954 to June
1958.
The appeal originated with rating decisions dated in November
and December 1997 in which the Regional Office (RO) denied
entitlement to special monthly pension by reason of being in
need of regular aid and attendance of another person or by
reason of being housebound. The RO also denied entitlement
to an increased evaluation for anxiety neurosis.
The Board observes that the veteran has raised the issue of
entitlement to a total rating based upon individual
unemployability due to service-connected disabilities and
entitlement to service connection for sexual dysfunction
secondary to service-connected disabilities. These issues
are referred to the RO for appropriate action. Furthermore,
in a May 1998 substantive appeal, the veteran requested that
his claim for an increased rating for a back disability be
reopened. This issue is also referred to the RO for
appropriate consideration.
Also, with respect to the special monthly pension claim, the
Board observes that the evidence of record revealed that the
veteran suffers from significant disabilities inclusive of
memory impairment, epileptic seizures, peripheral neuropathy,
depression, anxiety neurosis, myocardial ischemia due to
coronary artery atherosclerosis, bilateral carotid artery
atherosclerosis, vertigo, dizziness, ataxia, blindness in the
right eye from acute able glaucoma, and dyspnea, as listed in
a March 1998 letter from the veteran’s private neurologist.
REMAND
A Report of Contact dated in June 1998, indicated that the
veteran wished to have his appeal sent to the Board of
Veterans’ Appeals (Board) and have his case certified to the
Board without scheduling another hearing at the RO. However,
correspondence received by the Board indicated that the
veteran has elected to attend a video conference hearing
before a member of the Board. Under the circumstances, a
remand is warranted in order to comply with this request.
The RO should undertake all necessary
action to properly schedule the veteran
for a videoconference hearing before a
member of the Board. The RO should then
afford the veteran’s representative the
opportunity to review the claims file in
preparation for the hearing.
Thereafter, the case should be returned to the Board. The
Board intimates no opinion as to the ultimate outcome of this
case. The veteran need take no action until notified.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans’ Appeals or by the United States Court of
Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans’ Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1998) (Historical and Statutory Notes).
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
JEFF MARTIN
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1997).
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